Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
162 provisions
Title and introductory text
2024 No. 1332
Environmental Protection
The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
Made
11th December 2024
Coming into force in accordance with regulation 1(2) and (3)
These Regulations are made by the Secretary of State for Environment, Food and Rural Affairs in exercise of the powers conferred by sections 50, 51, 142(1) and (6) and 143(1) of, and paragraphs 1 to 5, 7 and 12 to 19 of Schedule 4 and paragraphs 1 to 9 and 11 to 17 of Schedule 5 to, the Environment Act 2021 (“the Act”).
The Scottish Ministers have consented to the making of these Regulations in relation to Scotland, the Welsh Ministers have consented to the making of these Regulations in relation to Wales, and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has consented to the making of these Regulations in relation to Northern Ireland, in accordance with sections 50(3) and 51(3) of the Act.
In accordance with paragraphs 8 and 20 of Schedule 4 and paragraphs 10 and 18 of Schedule 5 to the Act, the Secretary of State has consulted persons appearing to the Secretary of State to represent the interests of those likely to be affected by these Regulations.
The Secretary of State is satisfied that the Regulations satisfy the requirements set out in paragraph 9 of Schedule 4 to the Act.
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 143(5)(b) of the Act.
(1) These Regulations may be cited as the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.
(2) These Regulations come into force on the 21st day after the day on which they are made, except as provided in paragraph (3).
(3) The following provisions come into force on the day after the day on which these Regulations are made—
(a) this regulation;
(b) regulations 2(1), 3, 7(1) to (4) and 57(1), for the purposes of interpretation of the provisions listed in sub-paragraphs (c), (d) and (e);
(c) Chapter 2 of Part 5;
(d) regulation 127;
(e) Schedule 7.
(4) These Regulations extend to England and Wales, Scotland and Northern Ireland and apply to England, Wales, Scotland and Northern Ireland.
(1) In these Regulations—
“the 1990 Act” means the Environmental Protection Act 1990;
“the 2007 Regulations” means the Producer Responsibility Obligations (Packaging Waste) Regulations 2007;
“the 2007 (NI) Regulations” means the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007;
“the 2023 Data Regulations” means—
the Packaging Waste (Data Reporting) (England) Regulations 2023;
the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023;
the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or
the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023;
“accredited” has the meaning given in regulation 84(1);
“administration fee” has the meaning given in regulation 57(1);
“appropriate agency” has the meaning given in regulation 5;
“appropriate authority” means—
the Secretary of State in relation to England;
the Welsh Ministers in relation to Wales;
the Scottish Ministers in relation to Scotland;
DAERA in relation to Northern Ireland;
“approved person”, in relation to a producer, holding company, scheme operator, reprocessor or exporter, means a person notified by that producer, holding company, scheme operator, reprocessor or exporter to the appropriate agency under regulation 132 as an approved person for the purposes of any provision of these Regulations which requires something to be done by an approved person;
“assessment year” has the meaning given in regulation 57(1);
“binned packaging waste” means packaging which is collected from public bins by relevant authorities and which is—
in England, Wales or Scotland, any litter or refuse collected under section 89(1)(a), (c) or (f) of the 1990 Act;
in Northern Ireland, litter collected under article 7(1)(a) or (5), 12(10) or 12C(3) of the Litter (Northern Ireland) Order 1994;
“body corporate” includes an LLP;
“brand” means a brand name, trade mark or other distinctive mark;
“branded packaging” means packaging on which a brand owner’s brand appears;
“brand owner” has the meaning given in regulation 16(1);
“charging scheme” means a charging scheme referred to in paragraph 9 of Schedule 1;
“closed loop packaging waste” has the meaning given in regulation 34(5A);
“commonly binned or littered items” means items on the list of commonly binned or littered items of packaging compiled by the scheme administrator under paragraph 9 of Schedule 7;
“compliance scheme” means a scheme whose members for the time being are (or would be if the scheme were registered in accordance with these Regulations), by virtue of these Regulations and their membership of that scheme, exempt from certain producer responsibility obligations, and a “registered compliance scheme” is a compliance scheme which is registered in accordance with these Regulations;
“consumer” means an individual acting for purposes which are outside that individual’s trade, business, craft or profession;
“corporate group” means a holding company and its subsidiaries;
“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
“deposit item” means a deposit item for the purposes of a relevant deposit scheme, and includes in relation to a relevant deposit scheme in Scotland—
packaging which is scheme packaging under the Deposit and Return Scheme for Scotland Regulations 2020; or
returnable packaging as provided for in regulations made under section 84 of the Climate Change (Scotland) Act 2009;
“disposal” has the meaning given in Article 3(19) of the Waste Directive;
“disposal costs” has the meaning given in regulation 57(1);
“disposal fee” has the meaning given in regulation 57(1);
“distributor” has the meaning given in regulation 19(1);
“drink” has the meaning given in regulation 6;
“drink container” means a bottle or can which—
contains or used to contain drink;
is made wholly or mainly from polyethylene terephthalate (PET) plastic, glass, steel or aluminium;
has a capacity of at least 150 millilitres but no more than three litres of liquid;
is designed or intended to be sealed in an airtight and watertight state at the point of supply to a consumer in the United Kingdom; and
is not conceived, designed or marketed to be refilled or reused in any other way by any person,
together with any label applied to it and its lid or other closures;
“enforcement agency” has the meaning given in regulation 114;
“established in the United Kingdom” is to be interpreted in accordance with regulation 4;
“exempt packaging” means packaging which is exempt in relation to a producer in accordance with regulation 11;
“exporter” has the meaning given in regulation 84(1);
“fibre-based composite material” has the meaning given in regulation 7(5A)(a)
“first UK owner” has the meaning given in regulation 18(1)(b);
“financial year”, in relation to the scheme administrator, a relevant authority or the appropriate agency, means a period from 1st April to the following 31st March;
“fit and proper person” means a person whom the appropriate agency has determined is a fit and proper person in accordance with regulation 131;
“food grade” has the meaning given in regulation 34(5A);
“ground litter” means litter collected by relevant authorities in discharge of their duties under section 89(1)(a), (c) or (f) of the 1990 Act, or under article 7(1)(a) or (e) of the Litter (Northern Ireland) Order 1994, but does not include in either case any binned packaging waste;
“group registration” means a registration of a holding company, and one or more subsidiaries which are producers, with the appropriate agency under paragraph 3(b) of Schedule 9;
“holding company” has the same meaning as in section 1159(1) of the Companies Act 2006, read with section 1159(4) of, and Schedule 6 to, that Act;
“household packaging” has the meaning given in regulation 8;
“household packaging waste” has the meaning given in regulation 9;
“importer” has the meaning given in regulation 18(1)(a);
“issue”, in relation to a PRN or PERN, has the meaning given in regulation 84(1);
“large producer” has the meaning given in regulation 23(a);
“liable producer”, in relation to an assessment year, has the meaning given in regulation 60(1);
“licensor” has the meaning given in paragraph 1 of Schedule 10;
“LLP” means a limited liability partnership registered under the Limited Liability Partnerships Act 2000;
“medical packaging” has the meaning given in paragraph (2);
“NRW” means the Natural Resources Body for Wales;
“online marketplace” has the meaning given in paragraph (3);
“online marketplace operator” has the meaning given in regulation 20(1);
“overseas reprocessing site” has the meaning given in regulation 84(1);
“packaging” has the meaning given in regulation 7;
“packaging category”, in relation to packaging and packaging materials, means one of the categories referred to in regulation 7(5);
“packaging litter” means any packaging which has become litter;
“packaging materials” means materials used in the manufacture of packaging and includes raw materials and processed materials prior to their conversion into packaging;
“packaging sub-category” means a subdivision of a packaging category specified by the scheme administrator under regulation 7(11);
“packaging waste” means any packaging or packaging material which is waste, but does not include packaging which is discarded and becomes waste outside the United Kingdom;
“packer/filler” has the meaning given in regulation 17(1);
“paper or board” is to be interpreted in accordance with regulation 7(5A)(b);
“partnership” means a partnership within the meaning of the Partnership Act 1890 or a limited partnership under the Limited Partnerships Act 1907, but does not include an LLP;
“PERN” has the meaning given in regulation 84(1);
“primary packaging” has the meaning given in regulation 7(1)(a);
“PRN” has the meaning given in regulation 84(1);
“producer” has the meaning given in regulation 15(1);
“producer responsibility obligations” means the obligations in paragraphs (1) to (3) of regulation 25;
“public bin” means a receptacle for waste material—
maintained by a relevant authority in a street or public place, and
designed to collect waste material to be sent for recovery or disposal;
“pub operating business” has the meaning given in paragraph 8 of Schedule 10;
“recovery”, except in regulation 6(3), has the meaning given in Article 3(15) of the Waste Directive;
“recyclable” in relation to packaging or packaging materials, means any packaging which is, or packaging materials which are, capable of being recycled;
“recyclability”, in relation to packaging, is the quality of being recyclable;
“recyclability assessment” means an assessment of the recyclability of packaging supplied by a producer;
“recycling” has the meaning given in Article 3(17) of the Waste Directive, and “recycle” is to be construed accordingly;
“recycling obligations” means the obligations in regulations 25(2)(a) and 40 and Schedule 5;
“relevant authority” means—
a waste collection authority;
a waste disposal authority;
a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;
the Council of the Isles of Scilly;
“relevant deposit scheme” means—
a deposit scheme established in regulations made under Schedule 8 to the Environment Act 2021; or
a deposit and return scheme established in the Deposit and Return Scheme for Scotland Regulations 2020 or in regulations made under section 84 of the Climate Change (Scotland) Act 2009,
which is in operation in any part of the United Kingdom;
“relevant group member” has the meaning given in paragraph 1 of Schedule 9;
“relevant packaging waste” has the meaning given in regulation 34(4);
“relevant year”, in relation to a person, means a calendar year in respect of the whole or any part of which that person is a producer;
“reporting period”, in relation to any information specified in regulation 35, 36 or 37 that is to be reported to the appropriate agency, or information specified in regulation 38 that is to be reported to the Environment Agency, means a period specified in that regulation for which that information is required to be reported by, or in relation to, a producer;
“reprocessing site” and “reprocessor” have the meanings given in regulation 84(1);
“reuse” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;
“reusable packaging” means packaging which has been designed to be used multiple times by being refilled or reused for the same purpose for which it was conceived;
“scheme administrator” means the person appointed pursuant to regulation 58;
“scheme operator” means the operator of a compliance scheme;
“secondary packaging” has the meaning given in regulation 7(1)(b);
“seller” has the meaning given in regulation 22(1);
“SEPA” means the Scottish Environment Protection Agency;
“service provider” has the meaning given in regulation 21(1);
“shipment packaging” has the meaning given in regulation 7(4);
“SIC code” means a code included in “Indexes to the UK Standard Industrial Classification of Economic Activities 2007” published by the Office for National Statistics in 2009, as those indexes are amended from time to time;
“small producer” has the meaning given in regulation 23(b);
“subsidiary” has the same meaning as in section 1159(1) of the Companies Act 2006, read with section 1159(4) of, and Schedule 6 to, that Act;
“supply”, in relation to packaging, has the meaning given in regulation 10;
“tertiary packaging” has the meaning given in regulation 7(1)(c);
“trade mark” has the same meaning as in the Trade Marks Act 1994 (see section 1 of that Act);
“turnover” means, in relation to a person, that person’s turnover as defined in section 539 of the Companies Act 2006 but as if the references to a company were references to that person;
“waste” has the meaning given in Article 3(1) of the Waste Directive, read with Articles 5 and 6 of that Directive;
“waste collection authority” has the meaning given in section 30(3) of the 1990 Act;
“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended before IP completion day by Directive (EU) 2018/851, and as read in accordance with regulation 3;
“waste disposal authority” has the meaning given in section 30(2) of the 1990 Act;
“waste income” means the income earned by a relevant authority through the sale of household packaging waste for recycling, other recovery operations or disposal.
(2) In these Regulations, “medical packaging” means immediate packaging or outer packaging on a medicinal product, a veterinary medicinal product or a medical device, and for the purposes of this definition—
(a) “immediate packaging”, “outer packaging” and “medicinal product” have the meanings given in regulations 2 and 8 of the Human Medicines Regulations 2012;
(b) “medical device” has the meaning given in regulation 2(1) of the Medical Devices Regulations 2002; and
(c) “veterinary medicinal product” has the meaning given—
(i) in England, Wales and Scotland, in regulation 2(1) of the Veterinary Medicines Regulations 2013; and
(ii) in Northern Ireland, in Article 4(1) of Regulation (EU) 2019/6 of the European Union and of the Council on veterinary medicinal products.
(3) In these Regulations, “online marketplace” means a website or mobile application which facilitates the sale or other supply of goods through the website or mobile application by persons other than the operator, whether or not the operator also supplies goods through the online marketplace, and for the purposes of this definition—
(a) references to a “website or mobile application” include any means by which information is made available on the internet;
(b) an online marketplace facilitates the sale or other supply of goods if it allows a person to—
(i) offer goods for sale or offer to supply goods otherwise than by sale; and
(ii) enter into a contract for the sale or other supply of those goods;
(c) “the operator” means the online marketplace operator.
(4) In these Regulations, a reference to any EU regulation or EU tertiary legislation is a reference to that regulation or legislation as it is amended by domestic law in any part of the United Kingdom from time to time.
(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with paragraphs (2) to (4).
(2) A reference to one or more member States in a provision of the Waste Directive imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the authority, agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion.
(3) Article 5 is to be read as if—
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
(b) after paragraph 1 there were inserted—
1A. Any decision as to whether a substance or object is a by-product must be made—
(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and
(b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.
;
(c) paragraphs 2 and 3 were omitted.
(4) Article 6 is to be read as if—
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
(b) after paragraph 1 there were inserted—
1A. Any decision as to whether a substance or object has ceased to be waste must be made—
(a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and
(b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.
;
(c) in paragraph 2—
(i) the first subparagraph were omitted;
(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;
(iii) the third and fourth subparagraphs were omitted;
(d) paragraph 3 were omitted;
(e) in paragraph 4—
(i) in the first subparagraph—
(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;
(bb) the second sentence were omitted;
(ii) in the second subparagraph—
(aa) for “Member States” there were substituted “The appropriate agency”;
(bb) “by competent authorities” were omitted.
(1) For the purposes of these Regulations, a person is established in the United Kingdom if—
(a) that person is habitually resident in the United Kingdom;
(b) the registered office of that person, or if the person does not have a registered office, their head office or principal place of business, is in the United Kingdom; or
(c) subject to paragraph (2), the person has a branch or postal address in the United Kingdom.
(2) Paragraph (1) applies as if sub-paragraph (c) were omitted for the purposes of Part 6 (reprocessors and exporters).
(1) In these Regulations, “appropriate agency” means—
(a) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in England, the Environment Agency;
(b) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Scotland, SEPA;
(c) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Wales, NRW;
(d) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate agency in Northern Ireland, DAERA.
(2) For the purposes of any provision of these Regulations relating to the obligations of a producer, a scheme operator or an exporter, “appropriate agency” means—
(a) the agency specified in paragraph (1) in relation to the nation of the United Kingdom where, on the registration date, that person’s registered office, or if that person is not a body corporate registered in the United Kingdom, its head office or principal place of business in the United Kingdom, is located; or
(b) where, on the registration date, the person does not have a registered office, head office or principal place of business in the United Kingdom—
(i) if the person gave a notice under regulation 3(3) of the 2023 Data Regulations specifying the nation of the United Kingdom in which the person wished to be treated as established for the purposes of those Regulations, the agency specified in paragraph (1) in relation to that nation;
(ii) otherwise, the Environment Agency, SEPA, NRW or DAERA at the election of that person.
(3) For the purposes of any provision of these Regulations relating to the obligations of a reprocessor, “appropriate agency” means, in relation to each reprocessing site operated by the reprocessor, the agency specified in paragraph (1) in relation to the nation of the United Kingdom in which that reprocessing site is located.
(4) A person to whom paragraph (2)(b)(ii) applies must make one election for the purposes of that paragraph by giving notice in writing to the appropriate agency concerned, and that election may not be changed.
(5) When an appropriate agency receives notice of an election under paragraph (4), that agency must notify each other appropriate agency in the United Kingdom.
(6) For the purpose of paragraph (2), the “registration date” is the date by which the producer, scheme operator or exporter concerned is required to submit an application for registration under regulation 28, 51 or 86, as applicable.
(1) For the purposes of these Regulations, “drink” means—
(a) water suitable for human consumption;
(b) a beverage suitable for human consumption;
(c) a sports drink suitable for human consumption; or
(d) a liquid which constitutes a beverage or sports drink suitable for human consumption if it is—
(i) diluted;
(ii) combined with crushed ice, or processed so as to create crushed ice;
(iii) combined with carbon dioxide; or
(iv) prepared by way of a process that involves any combination of the processes mentioned in paragraphs (i) to (iii),
such as fruit squash or fruit cordial.
(2) Paragraph (1)(d) does not include any liquid which is used only—
(a) to add flavour to, or enhance the flavour of, a beverage or sports drink suitable for human consumption; or
(b) to sweeten a beverage or sports drink suitable for human consumption,
such as coffee flavouring syrup, sugar syrup or hot sauce.
(3) “Sports drink” means a liquid which is advertised or marketed as a product to enhance physical performance, accelerate recovery after exercise or increase muscle mass, or other similar liquid.
(1) For the purposes of these Regulations, “packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery or presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for those purposes, but only where the products are—
(a) primary packaging, which is packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;
(b) secondary packaging, which is packaging that—
(i) is conceived so as to constitute at the point of purchase a grouping of a certain number of sales units, whether that grouping is supplied as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; and
(ii) can be removed from the product without affecting the product’s characteristics; or
(c) tertiary packaging, which is packaging that—
(i) is conceived so as to facilitate the handling and transport of one or more sales units, or secondary packaging, for example by preventing damage from physical handling and transport damage; and
(ii) is not a road, rail, ship or air container.
(2) The following items are also to be treated as packaging on the basis of the criteria set out below—
(a) items that are within the definition in paragraph (1), without prejudice to other functions which the item in question may perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together;
(b) items designed and intended to be filled at the point of sale and disposable items supplied, filled or designed and intended to be filled at the point of sale, provided they fulfil a packaging function described in paragraph (1);
(c) packaging components and ancillary elements integrated into packaging are considered to be part of the packaging into which they are integrated, and ancillary elements hung directly on, or attached to, a product which performs a packaging function are considered to be packaging unless (in either case) they are an integral part of the product and all elements are intended to be used, consumed or disposed of together.
(3) Schedule 5 to the Packaging (Essential Requirements) Regulations 2015 contains illustrative examples of the application of the criteria set out in paragraph (2).
(4) For the purposes of these Regulations, “shipment packaging” means tertiary packaging on, or that is used to contain, items which are supplied or are intended to be supplied to a consumer.
(5) For the purposes of these Regulations, packaging and packaging waste is to be treated, subject to paragraphs (6) to (10), as falling into one of the following packaging categories, depending on the material from which the packaging is made—
(a) aluminium;
(b) fibre-based composite materials;
(c) glass;
(d) paper or board;
(e) plastic;
(f) steel;
(g) wood; or
(h) other materials.
(5A) For these purposes—
(a) “fibre-based composite material” means packaging material which—
(i) is made of paperboard or paper fibres, with one or more layers of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand; and
(ii) is not in the paper or board packaging category;
(b) “paper or board” includes packaging material which is within the description in sub-paragraph (i) of the definition of fibre-based composite material, if the producer who supplies the packaging can provide evidence that its layer or layers of plastic are not more than 5% of the packaging material by mass.
(6) Paragraphs (7) to (15) apply for the purposes of any—
(a) calculations, assessments or modulations to be made under Part 5; and
(b) descriptions in Schedule 4 of information to be collected and reported by or on behalf of producers.
(7) Where an item of packaging consists of two or more components (for example, a jar, its lid and its label) which are made of different materials referred to in paragraph (5) (“paragraph (5) materials”), each component is to be treated separately, unless paragraph (8) applies.
(8) Where an item of packaging referred to in paragraph (7) is a drink container and the component which is predominant by weight (“the predominant component”) is made of any paragraph (5) material other than glass, the whole of the drink container is to be treated as made of the same material as the predominant component.
(9) Where an individual component of an item of packaging, or the whole item of packaging if it does not consist of different components, is composed of a combination of paragraph (5) materials, that component or item is to be treated as made of the material which is predominant by weight, unless paragraph (10) applies.
(10) Where a component or item of packaging referred to in paragraph (9) is composed of a combination of paragraph (5) materials in equal proportions by weight, each of those materials is to be treated separately.
(11) The scheme administrator may specify packaging sub-categories by sub-dividing the packaging categories listed in paragraph (5).
(12) The scheme administrator may exercise the power in paragraph (11) by—
(a) specifying different packaging sub-categories for the purposes of different provisions; and
(b) specifying, for the purposes of any of those provisions—
(i) packaging sub-categories which are to apply only in relation to one or more specified classes of producers; or
(ii) different packaging sub-categories in relation to different classes of producers.
(13) The scheme administrator must consult the appropriate agencies before exercising the power in paragraph (11).
(14) A specification made under paragraph (11) must—
(a) subject to paragraph (15), be published at least 12 months before it applies; and
(b) apply for one or more full calendar years.
(15) Paragraph (14)(a) does not apply in relation to specifications applying to the calendar years 2025 and 2026, which must be published as soon as possible after this regulation comes into force.
(16) The scheme administrator must publish each year a list of any packaging sub-categories specified under paragraph (11), including for each packaging sub-category—
(a) the packaging category of which it is a sub-division;
(b) the provisions to which that packaging sub-category is relevant;
(c) where applicable, the classes of producer to which that packaging sub-category applies;
(d) the calendar years for which that packaging sub-category applies;
and any amendments to that list, in the way appearing to the scheme administrator to be most appropriate for the purpose of bringing it to the attention of producers and other persons appearing to the scheme administrator to have an interest.
(1) In these Regulations, “household packaging”, except in the expression “household packaging waste”, means any primary packaging or shipment packaging other than—
(a) primary packaging supplied by a producer in relation to which the conditions in paragraph (2) or the conditions in paragraph (3) are satisfied;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) packaging imported by an importer and discarded in the United Kingdom by that importer.
(2) The conditions in this paragraph are that—
(a) the packaging has been supplied directly by a producer to a business or a public institution; and
(b) that business or public institution does not supply to any other person—
(i) the packaging; or
(ii) the product which the packaging contains in its packaged form.
(3) The conditions in this paragraph are that the packaging—
(a) is for a business product; and
(b) is not reasonably likely to be disposed of in a household bin or public bin.
(4) For the purposes of paragraph (2)(b)(ii), a product which is supplied to another person is to be treated as being supplied in its packaged form unless all packaging is removed from the product before it is supplied.
(5) For the purposes of paragraph (3)(a), packaging is for a business product if it is—
(a) supplied with a business product; or
(b) unfilled packaging which—
(i) is made for use with a business product; and
(ii) the supplier of the packaging has evidence will be used with a business product.
(6) In this regulation—
“business product” means a product which is designed only for use by a business or a public institution;
“household bin” means a receptacle designed to collect waste material from a household which is not a business or a public institution;
“public institution” means—
a school, university or other educational establishment;
a hospital or the practice of a general medical practitioner or dentist;
a nursing home or other residential home;
a government department;
a relevant authority;
a court or tribunal;
a person who discharges public functions under any enactment;
a charity or not for profit body; or
a penal institution.
(7) For the purposes of the definition of “public institution” in paragraph (6)—
“charity” has the same meaning as in regulation 12;
“dentist” means a person registered in the dentists register kept under section 14(1) of the Dentists Act 1984;
“general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983;
“government department” includes—
any part of the Scottish Administration;
a Northern Ireland department;
the Welsh Government;
“not for profit body” means a body which, by virtue of its constitution or any enactment—
is required, after payment of outgoings, to apply for charitable or public purposes the whole of its income and any capital which it expends; and
is prohibited from directly or indirectly distributing among its members any part of its assets otherwise than for charitable or public purposes.
(1) In these Regulations, “household packaging waste” means packaging waste which is household waste, but does not include—
(a) any waste for which a collection charge may be made by a relevant authority under regulations made under section 45(3) of the 1990 Act or article 20(3) of the Waste and Contaminated Land (Northern Ireland) Order 1997;
(b) any waste from a place of worship;
(c) any ground litter or binned packaging waste; or
(d) any packaging waste which is discarded together with food waste in a receptacle for food waste where the food waste in that receptacle is collected separately from other household waste by the relevant authority collecting that waste.
(2) In this regulation—
“food waste”—
in relation to England, means waste that—
at any time before becoming waste, was food; or
is biodegradable waste arising from the processing or preparation of food,
and for these purposes “food” means food intended for human consumption but does not include drink;
in relation to Wales, has the meaning given in section 34D(5) of the 1990 Act as it applies in Wales;
in relation to Scotland, has the meaning given in section 75(7B) of the 1990 Act as it applies in Scotland;
in relation to Northern Ireland, has the meaning given in article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997;
“household waste” has the meaning given by—
in Scotland, section 75 of the 1990 Act, read with the Controlled Waste Regulations 1992;
in England and Wales, section 75 of the 1990 Act, read with the Controlled Waste (England and Wales) Regulations 2012;
in Northern Ireland, article 2(1) of the Waste and Contaminated Land (Northern Ireland) Order 1997, read with the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013;
“place of worship” means—
in England and Wales, a hereditament or premises exempted from local non-domestic rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 1988 (places of worship etc.);
in Scotland, a hereditament or premises exempted from local non-domestic rating by virtue of section 22 of the Valuation and Rating (Scotland) Act 1956 (churches etc.);
in Northern Ireland, any hereditament which is distinguished as exempt from rates by virtue of article 41(2)(b) of the Rates (Northern Ireland) Order 1977 in so far as it relates to purposes connected with public religious worship.
(1) For the purposes of these Regulations—
(a) a supply of packaging is made where the owner of the packaging does any of the following, either themselves or through an agent acting on their behalf—
(i) sells, hires or lends the packaging;
(ii) provides the packaging in exchange for any consideration other than money;
(iii) provides the packaging in, or in connection with, the performance of any statutory function; or
(iv) gives the packaging as a prize or otherwise makes a gift of it;
(b) a supply of packaging is also to be treated as being made where the packaging is discarded in the cases referred to in paragraph (6).
(2) For the purposes of these Regulations, where a supply of packaging is made as described in paragraph (1)(a), the person who “supplies” the packaging is the person referred to in paragraph (1)(a), except where a different person is treated as supplying the packaging under paragraph (3) or (5).
(3) Where a supply of branded packaging is made as described in paragraph (1)(a), the brand owner is to be treated, subject to paragraph (4), as supplying that packaging even if the person referred to in paragraph (1)(a) is not the brand owner.
(4) Paragraph (3) does not apply—
(a) where the brand owner for the packaging is the brand owner by virtue of regulation 16(1)(b);
(b) in relation to any packaging which is imported into the United Kingdom by—
(i) an importer, unless the importer is acting as an agent for the brand owner; or
(ii) an online marketplace operator; or
(c) in relation to any reusable packaging supplied by a service provider.
(5) Where a supply of packaging is made on an online marketplace, and the person referred to in paragraph (1)(a) is not established in the United Kingdom, the online marketplace operator is to be treated as supplying that packaging.
(6) Where a brand owner, importer or first UK owner discards in the United Kingdom any packaging which is specified in paragraph (7) in relation to that class of producer, that producer is to be treated as supplying that packaging.
(7) The packaging referred to in paragraph (6) is—
(a) in relation to a brand owner, branded packaging which—
(i) is imported into the United Kingdom by the brand owner or by another person on behalf of the brand owner; and
(ii) is not supplied to any person before being discarded;
(b) in relation to an importer, packaging which is imported into the United Kingdom by the importer;
(c) in relation to a first UK owner, packaging which—
(i) has not been supplied before coming into the ownership of the first UK owner; and
(ii) is not supplied to any person by the first UK owner before being discarded.
(1) Packaging is exempt packaging in relation to a producer (“P”), for the purposes of these Regulations, where the packaging is—
(a) reused packaging, other than reused packaging imported into the United Kingdom;
(b) any packaging exported from the United Kingdom by P including packaging exported through an agent acting on P’s behalf or which to P’s reasonable knowledge is otherwise exported from the United Kingdom, other than any packaging exported from the United Kingdom to a marine installation;
(c) packaging which—
(i) is a deposit item for the purposes of a relevant deposit scheme; or
(ii) would be a deposit item for the purposes of a relevant deposit scheme, but for a low volume line exemption.
(2) In paragraph (1)—
“low volume line exemption” means an exemption from being a deposit item, specified in regulations for the purposes of a relevant deposit scheme, which applies where the number of items of a particular description does not exceed a threshold specified in those regulations;
“marine installation” means any artificial island, installation or structure at sea, other than a vessel.
(1) The following obligations do not apply to a producer which is a charity—
(a) producer responsibility obligations under regulation 25 and Part 3; and
(b) liability to pay annual disposal and administration fees under regulation 60.
(2) For these purposes, “charity” means—
(a) anything which is a charity—
(i) within the meaning of section 1(1) of the Charities Act 2011 or section 1(1) of the Charities Act (Northern Ireland) 2008; or
(ii) for the purposes of section 202 of the Corporation Tax Act 2010; and
(b) any body entered in the Scottish Charity Register under the Charities and Trustee Investment (Scotland) Act 2005.
(1) The charges specified in paragraphs 2 to 6 of Schedule 1 apply for the matters set out there, subject to the provisions in paragraphs 7 to 9 of Schedule 1.
(2) Any reference in these Regulations to a charge in a paragraph of Schedule 1 means the charge specified in that paragraph (“the specified charge”), except that—
(a) where the specified charge is abated under paragraph 7 of Schedule 1, the reference means the amount, if any, that is payable after such abatement;
(b) where the specified charge has been increased for inflation under paragraph 8 of Schedule 1, the reference means the charge as so increased;
(c) where the specified charge has been superseded by a charge specified in a charging scheme as referred to in paragraph 9 of Schedule 1, the reference means the charge payable under that charging scheme.
In these Regulations—
(a) any document which is to be provided or given to any person may be provided or given to that person by electronic means if the document is capable of being reproduced by that person in legible form;
(b) any requirement to make, keep or retain a record or to maintain a register may be satisfied in electronic form if the text is capable of being produced by the person subject to the requirement in a legible documentary form;
(c) any requirement for a signature may be satisfied by an electronic signature incorporated into the document and, for these purposes, “electronic signature” means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign.
(1) A person is a producer for the purposes of these Regulations if the person—
(a) is established in the United Kingdom;
(b) is one or more of the following (referred to in these Regulations as classes of producer)—
(i) a brand owner;
(ii) a packer/filler;
(iii) an importer or first UK owner;
(iv) a distributor;
(v) an online marketplace operator;
(vi) a service provider; or
(vii) a seller; and
(c) performs the functions in relation to packaging specified in such of regulations 16 to 22 as apply to that class or those classes of producer—
(i) in the United Kingdom;
(ii) in the course of business; and
(iii) either themselves or through an agent acting on their behalf.
(2) Regulations 16 to 22—
(a) give the meanings of the expressions in paragraph (1)(b)(i) to (vii); and
(b) specify the packaging in relation to which each class of producer is a producer under these Regulations.
(3) Where two or more products are grouped together to be sold as a single sales unit, it is to be determined separately in accordance with regulations 16 to 22 who is a producer in relation to—
(a) the packaging for each individual product within the sales unit; and
(b) the packaging for the sales unit as a whole, including any packaging within the sales unit which is not part of the packaging of any individual product within that sales unit.
(4) Paragraphs (5) and (6) apply in any case where, under any of regulations 16 to 22, whether a person (“P”) is a producer in relation to an item of packaging is dependent on whether another producer with a function in relation to that packaging, or to whom P supplies that packaging (“the other producer”), is a large producer.
(5) If P has evidence of whether the other producer is a large producer in the year in which P supplies the packaging, the other producer is to be treated as being a large producer, or not a large producer (as the case may be) in accordance with that evidence.
(6) If P does not have evidence as referred to in paragraph (5), the other producer is to be treated as a large producer if, in the preceding year, the other producer was—
(a) registered as a large producer under these Regulations; or
(b) listed on a list of large producers published by the appropriate agency under—
(i) regulation 22A of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or
(ii) regulation 23A of the Packaging Waste (Data Reporting) (No. 2) (Northern Ireland) Regulations 2023.
(7) Paragraphs (8) and (9) apply where a supply of packaging has been made by a person who, under regulations 16 to 21, is a producer in relation to that packaging (“the first producer”).
(8) Subject to paragraph (9), after the supply of packaging by the first producer, no other person except a seller becomes a producer in relation to that packaging as a result of that other person making a further supply of the packaging.
(9) But if another component, for example a new label, is added to packaging after its supply by the first producer (“the new packaging component”), it is to be determined in accordance with regulations 16 to 22 who is a producer in relation to the new packaging component.
(1) In these Regulations, a “brand owner” means...—
(a) a person whose brand appears on an item of filled packaging; or
(b) where a brand is owned by a body corporate that is not established in the United Kingdom and is a member of a corporate group, any body corporate in that group which—
(i) is established in the United Kingdom; and
(ii) supplies an item of filled packaging on which that brand appears.
(2) Subject to paragraphs (3) and (4), a brand owner is a producer in relation to—
(a) filled packaging on which—
(i) that person’s brand appears, where that person is a brand owner by virtue of paragraph (1)(a); or
(ii) the brand of a body corporate in the same corporate group as that person appears, where that person is a brand owner by virtue of paragraph (1)(b); and
(b) any part of the packaging contained within, or forming part of, packaging referred to in sub-paragraph (a) (whether or not that part of the packaging is branded).
(3) Subject to paragraph (4), where more than one brand appears on filled packaging—
(a) if the brand owner in respect of one of those brands makes the first supply of the filled packaging, that brand owner is a producer;
(b) otherwise, the brand owner in respect of the brand which occupies the largest area of the external surface of the packaging is a producer,
in relation to that packaging, including any part of the packaging contained within, or forming part of, that packaging (whether or not that part of the packaging is branded).
(4) A brand owner is not a producer in relation to—
(a) any packaging in relation to which a packer/filler is a producer under regulation 17(2)(c), (d) or (e);
(b) any packaging in relation to which an importer is a producer under regulation 18(2), and which is packaging to which regulation 18(3)(b) applies; or
(c) any packaging in relation to which a first UK owner is a producer under regulation 18(4).
(1) In these Regulations, a “packer/filler” means a person who puts goods into packaging.
(2) A packer/filler is a producer in relation to any packaging which is filled by the packer/filler if—
(a) there is no brand owner for the packaging;
(b) the brand owner is not a large producer;
(c) the only brand on the packaging relates to the packaging and not to the product contained in that packaging;
(d) the packer/filler has put a brand on the packaging to assist with distribution, otherwise than at the request of the brand owner, and there is no other brand on the packaging; or
(e) the packer/filler has added the packaging to branded packaging otherwise than at the request of the brand owner.
(1) In these Regulations—
(a) an “importer”, in relation to packaging which is imported, means—
(i) the person responsible for importing the packaging; or
(ii) where the person referred to in paragraph (i) is not established in the United Kingdom, the first person established in the United Kingdom who takes ownership of the packaging;
(b) a “first UK owner”, in relation to packaging which is not imported, means the first person established in the United Kingdom who takes ownership of that packaging in the United Kingdom.
(2) An importer is a producer in relation to any packaging which—
(a) is imported into the United Kingdom by the importer;
(b) is either—
(i) filled packaging supplied by the importer; or
(ii) filled or unfilled packaging discarded by the importer in the United Kingdom; and
(c) is packaging to which paragraph (3) applies.
(3) This paragraph applies to packaging—
(a) for which there is no brand owner established in the United Kingdom;
(b) where the brand owner is not responsible for the import of the packaging; or
(c) where the brand owner is responsible for the import of the packaging, but is not a large producer under these Regulations.
(4) A first UK owner is a producer in relation to any packaging where—
(a) the packaging is packed or filled in the United Kingdom on behalf of a person who is not established in the United Kingdom;
(b) at the time it is packed or filled, no person established in the United Kingdom is the owner of the packaging; and
(c) the filled packaging is supplied to the first UK owner.
(1) In these Regulations, a “distributor” means a person who manufactures or imports unfilled packaging and supplies that packaging to another person.
(2) Subject to paragraph (3), a distributor is a producer in relation to any unfilled packaging which is—
(a) manufactured or imported by the distributor; and
(b) supplied to any person, other than a large producer who fills or packs the packaging before supplying it to any other person.
(3) But a distributor is not a producer in relation to unfilled packaging described in paragraph (2) if a large producer who is a brand owner, a packer/filler or a first UK owner is the producer in relation to that packaging under regulation 16, 17 or 18(4) once the packaging is filled.
(1) In these Regulations, an “online marketplace operator” means, in relation to an online marketplace, the person who controls access to, and the contents of, the online marketplace provided that the person is involved in—
(a) determining any terms and conditions applicable to the sale or other supply of the goods supplied on the online marketplace;
(b) processing, or facilitating the processing, of payment for those goods; and
(c) the ordering or delivery, or facilitating the ordering or delivery, of those goods.
(2) An online marketplace operator is a producer in relation to—
(a) any packaging on items which are—
(i) supplied on the online marketplace by a non-UK supplier; and
(ii) received in the United Kingdom; and
(b) subject to paragraph (3), any unfilled packaging which is—
(i) supplied on the online marketplace by a non-UK supplier, to a business other than a large producer which is a brand owner, packer/filler or first UK owner; and
(ii) received in the United Kingdom.
(3) But an online marketplace operator is not a producer in relation to unfilled packaging described in paragraph (2)(b) if a large producer who is a brand owner, a packer/filler or a first UK owner is the producer in relation to that packaging under regulation 16, 17 or 18(4) once the packaging is filled.
(4) In this regulation “non-UK supplier” means a person who—
(a) supplies goods on an online marketplace in the course of business; and
(b) is not established in the United Kingdom.
(1) In these Regulations, a “service provider” means a person who supplies reusable packaging to a user of that packaging where the supply is made by hiring out or lending the packaging.
(2) A service provider is a producer in relation to any reusable packaging the first time the packaging is supplied (and not if it has previously been supplied to any user).
(1) In these Regulations, a “seller” means a person who—
(a) is not a service provider; and
(b) supplies filled packaging to a final user of that packaging.
(2) A seller is a producer in relation to filled packaging which the seller supplies to a final user.
(3) For the purposes of this regulation, the final user of filled packaging is the person who last uses the packaging for the containment, protection, handling, delivery or presentation of the goods with which it is filled.
In these Regulations—
(a) a “large producer” means a producer who, in relation to a relevant year—
(i) satisfies the criteria in regulation 24(1), read together with paragraphs (3) to (7) of that regulation; or
(ii) is a large producer by virtue of paragraph 2(1) of Schedule 9 (groups of companies);
(b) a “small producer” means a producer who, in relation to a calendar year—
(i) satisfies the criteria in regulation 24(2), read together with paragraphs (3) to (7) of that regulation, but is not a large producer; or
(ii) is a small producer by virtue of paragraph 2(2) of Schedule 9.
(1) A person satisfies the criteria in this paragraph in relation to a relevant year (“year Y”) if—
(a) that person’s turnover was more than £2,000,000 in the last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and
(b) in year Y-2 the person supplied in aggregate more than 50 tonnes of packaging.
(2) A person satisfies the criteria in this paragraph in relation to year Y if—
(a) that person’s turnover was more than £1,000,000 in the last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and
(b) in year Y-2 the person supplied in aggregate more than 25 tonnes of packaging.
(3) Where the person (“CB”) is a body corporate resulting from the merger of two or more bodies corporate—
(a) CB’s turnover in the financial year in which the merger took place, and in any subsequent financial year if no audited accounts are yet available for CB, is to be calculated for the purposes of this regulation as the sum of the turnovers of each merged body corporate in the last financial year ending before the merger for which audited accounts are available;
(b) the amount of packaging which CB is to be treated as supplying in the calendar year in which the merger took place is to be calculated in accordance with regulation 27A(4);
(4) Where the assets and liabilities of a body corporate (“CB”) have been divided between two or more bodies corporate (“new bodies”)—
(a) each new body is to be treated as having a turnover, in the financial year in which the division took place and in any subsequent financial year if no audited accounts are yet available for the new body, equal to—
A
X
A
×
X
T
where—
“A” is the value of the assets of the new body immediately after the division;
“XA” is the value of the assets of CB immediately before the division; and
“XT” is the turnover of CB in the last financial year ending before the division for which audited accounts are available;
(b) each new body is to be treated as having supplied an amount of packaging in the calendar year in which the division took place equal to—
A
X
A
×
X
P
where “A” and “XA” have the meanings given in sub-paragraph (a), and “XP” means the amount of packaging supplied by CB in the calendar year preceding that year.
(5) In this regulation—
(a) “year Y-1” means the calendar year preceding year Y, and “year Y-2” means the calendar year preceding year Y-1;
(b) audited accounts are to be treated as being available, in relation to a body corporate which is under a duty to deliver annual accounts to the registrar of companies, where annual accounts have been so delivered;
(c) any reference to audited accounts being available is to be treated, in relation to a person who is not required to produce audited accounts, as a reference to accounts being available.
(6) For the purposes of this regulation, the amount of packaging supplied by a person (“P”) in a year is the amount supplied in the United Kingdom in respect of which P was a producer under Chapter 1 of this Part in that year, calculated in tonnes to the nearest tonne, excluding packaging which at the time of its supply was exempt packaging.
(7) If, in a year, P performed the functions of two or more classes of producer in relation to packaging—
(a) all packaging in relation to which P performed any such function is to be taken into account for the purposes of paragraph (1)(b), (2)(b), (3)(b) and (4)(b); but
(b) the same item of packaging is not to be taken into account more than once for those purposes.
(1) Subject to paragraph (4), in relation to any relevant year in which a person (“P”) is a large producer or a small producer, P must—
(a) be registered with the appropriate agency in accordance with Chapter 1 of Part 3;
(b) keep the records specified in relation to P in regulation 34(1), in accordance with regulation 34(2);
(c) report to the appropriate agency the information specified in relation to P in—
(i) regulation 35(1), if P is a large producer; or
(ii) regulation 36(1), if P is a small producer,
in accordance with that regulation and regulation 39; and
(d) if regulation 38(1) applies to P, report to the Environment Agency the information specified in that paragraph, in accordance with that regulation and regulation 39.
(2) Subject to paragraph (4), in relation to any relevant year in which P is a large producer and is one or more of the classes of producer in regulation 15(1)(b)(i) to (vi), P must also—
(a) recycle packaging waste in each packaging category of packaging supplied by P, in accordance with regulation 40;
(b) keep—
(i) the evidence referred to in regulation 34(2)(b), in accordance with regulation 34(2); and
(ii) the evidence specified in regulation 34(3), in accordance with that regulation;
(c) furnish a certificate of compliance to the appropriate agency in respect of P’s recycling obligations, in accordance with regulation 41.
(3) In relation to any relevant year in which P is a liable producer for the purposes of Part 5, P must also—
(a) assess, in accordance with regulation 26, the recyclability of the household packaging P supplies;
(b) keep records of those assessments, in accordance with regulation 34(5); and
(c) report those assessments to the appropriate agency, in accordance with regulations 37 and 39.
(4) Paragraphs (1) to (3) are subject to—
(a) regulation 42 (effect of compliance scheme membership); and
(b) paragraph 5(1)(a) of Schedule 9 (effect of corporate group registration).
(5) Paragraph (3) does not apply in relation to household packaging which consists of—
(a) exempt packaging; or
(b) subject to regulation 136(2), drink containers made of any material other than glass.
(6) The scheme administrator may direct that, for one or more relevant years following the coming into force of this regulation, paragraph (3) is not to apply to online marketplace operators in relation to household packaging which they are treated under regulation 10(5) as supplying.
(7) The scheme administrator may only make a direction under paragraph (6) if it is satisfied that it would be disproportionately burdensome for online marketplace operators to ensure that recyclability assessments are carried out for that packaging.
A producer who is required by regulation 25(3)(a) to assess the recyclability of packaging which the producer supplies (a “recyclability assessment”)—
(a) may assess the recyclability of the packaging itself, or arrange for a recyclability assessment to be carried out by a third party;
(b) must ensure that the recyclability assessment is carried out in accordance with the methodology and guidance published by the scheme administrator under paragraph 7 of Schedule 7; and
(c) must keep the recyclability assessment under review, and update it or carry out a further assessment if—
(i) the design, manufacture or composition of the packaging is changed;
(ii) the methodology referred to in sub-paragraph (b) is changed in a way that is likely to affect the outcome of the assessment; or
(iii) there is likely to be a change to the outcome of the assessment for any other reason.
(1) This regulation applies where, in a relevant year—
(a) an insolvency event—
(i) referred to in paragraph 2(a) to (d) of Schedule 2 takes place in relation to a producer which is a body corporate;
(ii) referred to in paragraph 3(a) to (d) or (f) of Schedule 2 takes place in relation to a producer which is a partnership; or
(iii) referred to in paragraph 4(a) or (b) of Schedule 2 takes place in relation to a producer who is an individual,
and, in any of those cases, the producer ceases trading;
(b) a producer which is a partnership is dissolved; or
(c) a producer who is an individual dies or becomes incapacitated.
(2) Where this regulation applies, the producer referred to in paragraph (1) (“the first producer”)—
(a) ceases to be subject to any producer responsibility obligations for the relevant year; and
(b) ceases to be liable to pay disposal fees or administration fees under regulation 60, if and to the extent that another person becomes liable to pay those fees under paragraph (3)(b).
(3) Any person who carries on the activities of the first producer following an event referred to in paragraph (1) (“the new producer”) is to be treated as a producer and—
(a) has the producer responsibility obligations of the first producer for the relevant year and the following two years regardless of whether the new producer meets the threshold criteria to be a large producer or small producer in those years; and
(b) is liable to pay any disposal fees or administration fees that were due from the first producer under Part 5.
(4) The new producer must—
(a) within 28 days of beginning to carry on the activities of the first producer, inform the appropriate agency in writing of—
(i) that fact, and the date on which it began to carry on those activities; and
(ii) the nature and date of the event referred to in paragraph (1) which occurred to the first producer; and
(b) apply to be registered in accordance with regulation 28(2).
(1) This regulation applies to a body corporate (“CB”) resulting from the merger of two or more bodies corporate (“the merged bodies”), where, in the relevant year in which the merger took place (“year M”), one or more of the merged bodies was a large producer or a small producer.
(2) In year M and in the following year, CB is to be treated as—
(a) a large producer, if one or more of the merged bodies was a large producer in year M; or
(b) a small producer, if none of the merged bodies was a large producer in year M.
(3) CB must apply to be registered in accordance with regulation 28(2A).
(4) CB is to be treated for the purposes of these Regulations as supplying in year M the sum of the amounts of packaging supplied in that year—
(a) before the merger, by each of the merged bodies which were producers; and
(b) after the merger, by CB.
(5) CB must comply with the producer responsibility obligations of each of the merged bodies for—
(a) year M, and
(b) any previous relevant year,
in so far as those obligations are continuing obligations (such as an obligation to retain data or evidence) or the obligations have not been fully complied with before the merger took place.
(6) Where CB is liable by virtue of paragraph (5) to meet the recycling obligations of a merged body, any PRNs or PERNs obtained by the merged body before the merger may be transferred to CB and used by CB to demonstrate compliance with those recycling obligations.
(7) CB is liable to pay a disposal fee and an administration fee to the scheme administrator for the assessment year beginning on 1st April in year M, in an amount determined in accordance with paragraph (8), if—
(a) the merger takes place on or after 1st April in year M, and one or more of the merged bodies was, before the merger takes place, a liable producer in relation to that assessment year; or
(b) the merger takes place before 1st April in year M, and one or more of the merged bodies would have been a liable producer in relation to that assessment year if the merger had not taken place.
(8) The amount payable under paragraph (7) is the sum of the amounts of the disposal fees and the administration fees for the assessment year which—
(a) were due from each of the merged bodies before the merger and are unpaid; or
(b) would, but for the merger, have become due from each of the merged bodies.
(9) If any of the merged bodies was a liable producer in relation to a previous assessment year, CB is liable to pay to the scheme administrator any disposal fee or administration fee for that assessment year which—
(a) was due from the merged body before the merger and is unpaid; or
(b) would, but for the merger, have become due from the merged body under regulation 68 or as a result of a recalculation under Chapter 5 of Part 5.
(1) This regulation applies where, in a relevant year, a large producer or small producer (“the transferor”, or “TR”) transfers ownership to another person (“the transferee”, or “TE”) of—
(a) a brand which appears on filled packaging; or
(b) TR’s business, or a part of TR’s business which includes the supply of packaging.
(2) TE must, within 28 days after the date of the transfer of ownership, inform the appropriate agency in writing of—
(a) the brand or business acquired by TE;
(b) the identity of the producer from which TE has acquired the brand or business; and
(c) the date of the transfer of ownership.
(3) TE must apply in accordance with regulation 28(2B)—
(a) for producer registration, if TE is not registered as a producer for the relevant year in which the transfer of ownership takes place; or
(b) to re-register as a large producer, if—
(i) TE is registered as a small producer for that relevant year; and
(ii) following the transfer of ownership, TE is to be treated as a large producer for that relevant year by virtue of paragraph (4)(a).
(4) For the relevant year in which the transfer of ownership takes place, and each of the following two years, TE is to be treated as—
(a) a large producer, if—
(i) TE’s adjusted turnover was more than £2,000,000 in its last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and
(ii) TE’s adjusted amount of packaging supplied in year Y-2 was more than 50 tonnes; or
(b) a small producer, if one or both of the criteria in sub-paragraph (a) are not satisfied.
(5) For the purposes of paragraph (4)(a)—
(a) TE’s “adjusted turnover” means the sum of TE’s turnover in the financial year referred to in paragraph (4)(a)(i) and—
(i) TR’s turnover in its last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available, if TR has transferred the whole of its business to TE; or
(ii) the relevant proportion of TR’s turnover in that financial year, if TR has transferred ownership of a brand, or part of its business, to TE;
(b) TE’s “adjusted amount of packaging supplied” means the sum of the amount of packaging supplied by TE in the calendar year in question and—
(i) the amount of packaging supplied by TR in that year, if TR has transferred the whole of its business to TE; or
(ii) the relevant proportion of the amount of packaging supplied by TR in that year, if TR has transferred ownership of a brand, or part of its business, to TE.
(6) For the purposes of paragraph (5)(a)(ii), the “relevant proportion” of TR’s turnover means the proportion of TR’s turnover in the financial year in question that was attributable to the brand, or the part of TR’s business, that has been transferred to TE.
(7) For the purposes of paragraph (5)(b)(ii), the “relevant proportion” of the amount of packaging supplied by TR means the proportion of the total amount of packaging supplied by TR in the calendar year in question that was supplied—
(a) with the brand that TR has transferred to TE, or
(b) by the part of TR’s business that TR has transferred to TE.
(8) In paragraph (4), “year Y-1” means the calendar year preceding year Y, and “year Y-2” means the calendar year preceding year Y-1, where “year Y” means the relevant year for which it is being determined whether TE is a large producer or a small producer.
(9) Paragraphs (4) to (7) of this regulation are to be interpreted in accordance with regulation 24(5)(b) and (c), (6) and (7).
27C Transfers of ownership: further obligations where the transferor is a large producer
(1) This regulation applies where—
(a) a transfer of ownership of a brand or business takes place as referred to in regulation 27B(1); and
(b) the transferor is a large producer in the relevant year in which the transfer of ownership takes place.
(2) In this regulation, “TR” and “TE” have the same meanings as in regulation 27B.
(3) TR and TE must each submit to the appropriate agency reports of data under regulation 35, or resubmit reports if they have already reported data under that regulation, for the reporting periods ending on 30th June and 31st December in—
(a) the relevant year in which the transfer of ownership takes place; and
(b) the year before that relevant year.
(4) For the purpose of reports that are submitted or resubmitted under paragraph (3), any packaging that was supplied by TR before the date of the transfer of ownership with the brand, or by the business, acquired by TE, is to be treated as if it had been supplied by TE and not by TR.
(5) Paragraphs (3) and (4) apply to TR regardless of whether it remains a producer following the transfer of the brand or business in question.
(6) A report which is required to be submitted or resubmitted under paragraph (3) must be submitted or resubmitted to the appropriate agency—
(a) on or before the later of—
(i) the date on which reports for that reporting period are required to be submitted under regulation 35; or
(ii) the end of a period of 28 days beginning with the day on which the transfer of ownership takes place; and
(b) in accordance with regulation 39 (reporting obligations: general provisions).
(7) If, for the relevant year in which the transfer of ownership takes place, TR would, but for this paragraph, be subject to recycling obligations in respect of packaging which was supplied with the brand, or by the business, that has been acquired by TE—
(a) TR ceases to be subject to those recycling obligations; and
(b) TE is subject to those recycling obligations instead.
(8) If TR is (or would, but for the transfer, be) a liable producer under Part 5 in the assessment year starting on 1st April in the relevant year in which the transfer of ownership takes place, the disposal fees and administration fees payable by TR and TE for that assessment year are to be calculated taking into account the data submitted, or resubmitted, by TR and TE under paragraph (3)(a).
(1) A producer who is required by regulation 25(1)(a) to be registered for a relevant year must submit an application for producer registration to the appropriate agency—
(a) in relation to 2025, on or before 1st April 2025;
(b) in relation to 2026 or any subsequent year, on or before—
(i) 1st October in the year preceding the relevant year, in the case of a large producer who is one or more of the classes of producer in regulation 15(1)(b)(i) to (vi); or
(ii) 1st April in the relevant year, in the case of—
(aa) a large producer who is a seller and no other class of producer; or
(bb) a small producer.
(2) A producer who is required by regulation 27(4)(b) to register after taking over the activities of another producer must submit an application for producer registration to the appropriate agency—
(a) on or before the date on which the first producer referred to in regulation 27 would have been required to apply for registration under paragraph (1); or
(b) if later, before the end of a period of 28 days beginning with the day on which the producer begins to carry on the activities of the first producer.
(2A) A producer who is required by regulation 27A(3) to register after a corporate merger must submit an application for producer registration to the appropriate agency—
(a) on or before the earliest date on which any of the merged bodies referred to in regulation 27A would have been required to apply for registration under paragraph (1) for the relevant year in which the merger takes place; or
(b) if later, before the end of a period of 28 days beginning with the day on which the merger takes place.
(2B) A producer who is required by regulation 27B(3) to register or to re-register after acquiring a brand or business from another producer must submit an application for producer registration to the appropriate agency—
(a) on or before the date on which the transferor referred to in regulation 27B would have been required to apply for registration under paragraph (1) for the relevant year in which the transfer of the brand or business takes place; or
(b) if later, before the end of a period of 28 days beginning with the day on which the transfer takes place.
(3) Where any of the following occurs after the date specified in paragraph (1) or (2) by which an application for producer registration must be submitted for a relevant year—
(a) a person becomes a producer in respect of that year, but is not a member of a compliance scheme;
(b) the producer is given notice that an application by the producer for registration for the relevant year is refused; or
(c) a producer is a member of a compliance scheme and—
(i) the producer is given notice that the application for registration of the compliance scheme for the relevant year is refused, or the registration of the compliance scheme is cancelled; or
(ii) the producer ceases to be a member of the compliance scheme,
an application, or further application, for producer registration must be submitted by the producer before the end of a period of 28 days beginning with the day on which that event occurs.
(4) Paragraph (3) applies where an event in sub-paragraph (c) of that paragraph occurs, irrespective of whether the scheme operator had previously submitted an application for producer registration in relation to the producer for the relevant year.
29 Making an application for producer registration
(1) An application for producer registration must—
(a) be made in such manner as the appropriate agency specifies;
(b) contain the information set out in Schedule 3;
(c) be accompanied by such other information as the appropriate agency reasonably requires to determine the application.
(2) The application must be signed by the approved person of the producer to verify the information contained in or provided with the application.
(3) The application must be accompanied by payment of—
(a) the charge in paragraph 2(1) of Schedule 1; ...
(b) the additional charge in paragraph 2(2) of Schedule 1, if the application is made after the date specified in regulation 28(1), (2) or (3) as applicable ; and
(c) the additional charge in paragraph 2(2A) of Schedule 1, if the producer is a large producer who wishes to report an amount of closed loop packaging waste under paragraph 12(2) of Schedule 4 in a report to the appropriate agency for one or both reporting periods in the relevant year.
30 Determination of applications for producer registration
(1) An application for producer registration must be granted where—
(a) the producer is subject to producer responsibility obligations;
(b) the application complies with the requirements in regulation 29; and
(c) the appropriate agency is satisfied that—
(i) all information provided in accordance with regulation 29(1) is as accurate as reasonably possible;
(ii) the charge payable in accordance with regulation 29(3)(a), and where applicable the additional charge payable in accordance with regulation 29(3)(b), has been paid;
and must otherwise be refused.
(2) Where an application for producer registration is granted—
(a) the appropriate agency must, within 28 days of the application being granted, serve on the producer notice in writing that the producer is registered, and of the registration number assigned to the producer;
(b) the appropriate agency must inform the scheme administrator where the application states that the producer is liable to pay disposal fees under regulation 60 and provide the scheme administrator with the information contained in or provided with the application for that producer; and
(c) the producer is to be treated as having been registered—
(i) where the application was made within the time limit specified in regulation 28(1) or (2), from the beginning of the relevant year;
(ii) where the application was made within the time limit specified in regulation 28(3), from the date of the relevant occurrence;
(iii) in any other case, from the date specified in the confirmation,
until any cancellation of the producer’s registration in accordance with regulation 32 or the expiry of the registration.
(3) Where an application for producer registration is refused, the appropriate agency must, within 28 days of the decision to refuse the application, serve on the producer notice in writing of that decision, including—
(a) the reasons for refusing the application; and
(b) a statement as to the right of appeal under regulation 104(1)(a).
Registration of a producer (“P”) is subject to the following conditions—
(a) that P complies with the obligations set out in—
(i) regulation 25(1)(b) and (c); and
(ii) if applicable to P, regulation 25(1)(d), (2) and (3);
(b) that P provides any information reasonably requested by the appropriate agency with regard to the obligations referred to in paragraph (a) above, or in relation to the registration, before the end of the period of 28 days beginning with the day after the day on which the request was made;
(c) that P informs the appropriate agency of—
(i) any change in P’s circumstances which relate to the registration, and, where P is a partnership, any change of partners; and
(ii) any material change in the information provided in accordance with regulation 29(1)(b) or (c),
within 28 days of the occurrence of any such change;
(d) that P informs the appropriate agency as soon as reasonably practicable if P becomes aware that any of the relevant circumstances in Schedule 2 applies or is about to apply to P; and
(e) that ... if P has ceased to be a producer in respect of a year , P informs the appropriate agency within 28 days of ceasing to be a producer.
(1) The appropriate agency may cancel the registration of a producer where it appears to the appropriate agency that—
(a) the producer is in breach of any of the conditions in regulation 31;
(b) the producer knowingly or recklessly supplied to a scheme operator information which is false or misleading in a material particular, to be used in connection with an application for the producer’s registration; or
(c) the applicant for producer registration knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application, or in connection with compliance with any of the conditions in regulation 31.
(2) The appropriate agency must cancel the registration of a producer where—
(a) it appears to the appropriate agency that any of the circumstances referred to in regulation 27(1) apply in relation to the producer; or
(b) it is notified that the producer—
(i) has become a member of a compliance scheme and been registered by the scheme operator pursuant to regulation 43(3)(a); or
(ii) has otherwise ceased to be subject to producer responsibility obligations in respect of the relevant year.
(3) Before cancelling a registration under paragraph (1) or (2), the appropriate agency must serve on the producer concerned written notice of—
(a) its decision to cancel the registration;
(b) the reasons for the decision;
(c) the date when cancellation will take effect, not being earlier than—
(i) in the case of cancellation under paragraph (1) or (2)(a), the expiration of the time limit in paragraph 2 or 4 of Schedule 11, as applicable, for bringing an appeal against the notice; or
(ii) in the case of cancellation under paragraph (2)(b), 5 working days after the date of the notice;
(d) the right of appeal under regulation 104(1)(b), where applicable; and
(e) if the cancellation is under paragraph (1), and the grounds for cancellation constitute an offence, a statement identifying which offence in regulation 115 or 118 it appears to the appropriate agency is being committed by the producer.
(4) Paragraph (3) does not apply where a registration is being cancelled because the producer has died.
(5) The appropriate agency must inform the scheme administrator if it cancels the registration of a producer who is a liable producer under regulation 60.
33 Information to be collected and reported by producers
Schedule 4 specifies descriptions of information—
(a) about which producers are required to collect data under regulation 34; and
(b) which, subject to regulation 39(1), certain producers are required to report under regulations 35 to 38.
(1) A producer (“P”) of a class specified in the first column of Table 1 must, in relation to the packaging specified in the corresponding entry in the second column, collect the data specified in the paragraphs of Schedule 4 listed in the corresponding entry in—
(a) the third column, if P is a large producer; or
(b) the fourth column, if P is a small producer.
Table 1 Data to be collected by large and small producers
Class of producer | Packaging in relation to which data collection obligation applies | Descriptions of data to be collected by a large producer (references are to paragraph numbers in Schedule 4) | Descriptions of data to be collected by a small producer (references are to paragraph numbers in Schedule 4)
Brand owner | Packaging for which P is a producer by virtue of regulation 16. | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 2, 5, 7
Packer/filler | Packaging for which P is a producer by virtue of regulation 17. | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 2, 5, 7
Importer or first UK owner | Packaging for which P is a producer by virtue of regulation 18. | 2, 3, 5, 6, 7, 9, 10, 11, 12, 13 | 2, 5, 7, 11
Distributor | Packaging for which P is a producer by virtue of regulation 19. | 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13 | 2, 5, 7, 11
Online marketplace operator | Packaging for which P is a producer by virtue of regulation 20. | 2, 3, 4, 8, 11, 12, 13 | 2, 3, 4, 11
Service provider | Packaging for which P is a producer by virtue of regulation 21. | 2, 3, 5, 6, 7, 9, 10 ,11, 12, 13 | 2, 5, 7, 11
Seller | Packaging for which P is a producer by virtue of regulation 22. | 11, ... 13, 14 | 11, 14
(2) A producer must keep—
(a) any data which the producer is required to collect under paragraph (1), and
(b) any evidence which the producer is required by paragraph 1(3) of Schedule 4 to be able to provide in relation to that data,
for at least 7 years after the end of the reporting period to which the data relate.
(3) If P is a large producer who is a brand owner, packer/filler, importer or first UK owner, distributor, online marketplace operator or service provider, P must—
(a) retain evidence—
(i) of the amount of relevant packaging waste which P has collected from consumers and sent for recycling as referred to in regulation 62(2), and reported on under paragraph 12(1) of Schedule 4;
(ii) that the relevant packaging waste referred to in paragraph (i) has been recycled; and
(aa) retain evidence—
(i) of the amount of closed loop packaging waste which P has collected from consumers, and reported on under paragraph 12(2) of Schedule 4;
(ii) that the packaging waste satisfies all the elements of the definition of “closed loop packaging waste” in paragraph (5A);
(iii) that the packaging waste has been recycled into food grade plastic materials or articles;
(b) keep evidence retained under sub-paragraphs (a) and (aa) for at least 7 years after the activity to which the evidence relates.
(4) In paragraph (3)(a), “relevant packaging waste” means—
(a) reusable packaging which has been used at least once and has become waste; or
(b) any other packaging waste which is collected from households for recycling by less than 75% of the relevant authorities in the United Kingdom responsible for waste collection,
but not including closed loop packaging waste and, subject to regulation 136(2), not including drink containers made from any material other than glass.
(5) If P is a liable producer for the purposes of Part 5, P must retain records of recyclability assessments carried out in accordance with regulation 25(3) for at least 7 years after the record is made.
(5A) In this regulation—
“closed loop packaging waste” means household packaging waste which meets all the following conditions—
the waste is food grade plastic household packaging which has become waste;
that household packaging has been—
supplied by a producer as filled packaging on or after 1st January 2024; and
included by that producer in an amount of household packaging which, in a report under these Regulations or the 2023 Data Regulations, the producer reported to the appropriate agency that it supplied in a reporting period;
the waste is—
collected directly from a consumer by or on behalf of the producer who supplied the packaging, and
sent by or on behalf of that producer for recycling,
without being mixed with any materials other than household packaging waste from packaging which meets the conditions in paragraphs (a) and (b) and was supplied by the same producer;
the waste is sent by that producer for recycling by a single reprocessor at one or more reprocessing sites or overseas reprocessing sites (where the recycling may be in addition to other recycling carried out by that reprocessor);
“food grade”, in relation to plastic materials or articles, means plastic materials or articles which—
are intended to come into contact with food; and
meet the requirements for being placed on the market in—
Article 4(a), (c), (d) and (e) of Commission Regulation (EU) No 10/2011; and
Article 3 of Commission Regulation (EU) No 282/2008, if the materials or articles are recycled.
(1) A large producer (“LP”) of a class specified in the first column of Table 2 must, in relation to the packaging specified in the corresponding entry in the second column, report to the appropriate agency in accordance with paragraphs (2) to (4) and regulation 39 the descriptions of data specified in the third column, for the reporting period specified in the fourth column.
Table 2 Data to be reported to the appropriate agency: large producers
Class of producer | Packaging in relation to which data reporting obligations apply | Descriptions of data to be reported (references are to paragraphs of Schedule 4) | Reporting period
Brand owner | Packaging for which LP is a producer by virtue of regulation 16 | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 6 months
Packer/filler | Packaging for which LP is a producer by virtue of regulation 17 | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 6 months
Importer or first UK owner | Packaging for which LP is a producer by virtue of regulation 18 | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 6 months
11 | 12 months
Distributor | Packaging for which LP is a producer by virtue of regulation 19 | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 6 months
11 | 12 months
Online marketplace operator | Packaging for which LP is a producer by virtue of regulation 20 | 2, 3, 12, 13 | 6 months
4, 11 | 12 months
Service provider | Packaging for which LP is a producer by virtue of regulation 21 | 2, 3, 5, 6, 7, 9, 10, 12, 13 | 6 months
11 | 12 months
Seller | Packaging for which LP is a producer by virtue of regulation 22 | 11, ... 13 | 12 months
(2) Reports of data for which Table 2 specifies a 6 monthly reporting period must be submitted to the appropriate agency—
(a) on or before 1st October each year, for the period from 1st January to 30th June in that year; and
(b) on or before 1st April each year, for the period from 1st July to 31st December in the previous year.
(3) Reports of data for which Table 2 specifies a 12 monthly reporting period must be submitted to the appropriate agency on or before 1st April each year, for the previous calendar year.
(4) The first reports under this regulation must be submitted to the appropriate agency on or before 1st April 2025, for the period 1st January to 31st December 2024 or 1st July to 31st December 2024 as applicable.
(5) In relation to a report submitted for a period specified in paragraph (4), paragraphs (1) to (3) are subject to paragraph 2(1) and (2) of Schedule 15.
(1) A small producer (“SP”) of a class specified in the first column of Table 3 must, in relation to the packaging specified in the corresponding entry in the second column, report to the appropriate agency every 12 months, in accordance with paragraphs (2) and (3) and regulation 39, the descriptions of data specified in the third column.
Table 3 Data to be reported to the appropriate agency: small producers
Class of producer | Packaging in relation to which data reporting obligations apply | Descriptions of data to be reported (references are to paragraphs of Schedule 4)
Brand owner | Packaging for which SP is a producer by virtue of regulation 16. | 2, 5, 7
Packer/filler | Packaging for which SP is a producer by virtue of regulation 17. | 2, 5, 7
Importer or first UK owner | Packaging for which SP is a producer by virtue of regulation 18. | 2, 5, 7, 11
Distributor | Packaging for which SP is a producer by virtue of regulation 19. | 2, 5, 7, 11
Online marketplace operator | Packaging for which SP is a producer by virtue of regulation 20. | 2, 3, 4, 11
Service provider | Packaging for which SP is a producer by virtue of regulation 21. | 2, 5, 7, 11
Seller | Packaging for which SP is a producer by virtue of regulation 22. | 11
(2) Reports under this regulation must be submitted to the appropriate agency on or before 1st April each year, for the previous calendar year.
(3) The first reports under this regulation must be submitted to the appropriate agency on or before 1st April 2025, for the calendar year 2024.
(4) In relation to a report submitted for 2024, paragraphs (1) and (2) are subject to paragraph 2(4) of Schedule 15.